A Second Circuit panel affirmed that merchants using Square’s payment processing services are class members in the $5.7 billion antitrust settlement with Visa and Mastercard, rejecting arguments that they are indirect purchasers barred.
A Second Circuit ruling in the adidas-Thom Browne stripe dispute resolves an open question about what counts as "misconduct" when withheld emails surface after trial.
Three judges say the panel made six separate errors — on Westfall Act substitution, presidential immunity, and Trump's right to a jury trial — that warrant full-court review.
The Second Circuit vacated a dismissal of copyright infringement claims against Townsquare Media, Inc., holding that republishing an entire viral video and using recognizable screenshots as headlines are not fair use or de minimis at the pleading stage, tho...
The Second Circuit held that pre-death emotional distress from witnessing a spouse's death satisfies the severe distress element under New York law, reversing the district court's denial of default judgment on intentional infliction of emotional distress cl...
The Second Circuit affirmed the dismissal of a Video Privacy Protection Act lawsuit against NBCUniversal, holding that tracking codes embedded in websites do not constitute "personally identifiable information" under the statute.
The Second Circuit held that regular-interest certificates in real estate mortgage investment conduits are equity interests that trigger ERISA fiduciary duties, while indenture notes are not.
The Second Circuit reversed Akayed Ullah’s conviction for providing material support to ISIS, holding that acting independently on inspiration from propaganda does not satisfy the statutory requirement of working under the organization’s direction or control.